RPAPL 1043 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1041 Interlocutory judgment for admeasurement up ARTICLE 10 Action For Dower next SECTION 1044 Report thereupon Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 1043 Dower, how admeasured Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 10 § 1043. Dower, how admeasured. The referee or the commissioners must execute their duties in the following manner: 1. They must, if it is practicable, and, in their opinion, for the best interests of all the parties concerned, admeasure and lay off, as speedily as possible, as the dower of the plaintiff, a distinct parcel, constituting the one-third part of the real property of which dower is to be admeasured, designating the part so laid off by posts, stones, or other permanent monuments. 2. In making the admeasurement, they must take into consideration any permanent improvements, made upon the real property, after the death of the plaintiff's husband, or after the alienation thereof by him; and, if practicable, those improvements must be awarded within the part not laid off to the plaintiff; or, if it is not practicable so to award them, a deduction must be made from the part laid off to the plaintiff, proportionate to the benefit which she will derive from so much of those improvements, as is included in the part laid off to her. 3. If it is not practicable, or if, in the opinion of the referee or commissioners, it is not for the best interests of all the parties concerned, to admeasure and lay off to the plaintiff a distinct parcel of the property, as prescribed in the foregoing subdivisions of this section, they must report that fact to the court. 4. They may employ a surveyor, with the necessary assistants, to aid in the admeasurement.